THE GOVERNMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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No: 195-CP

Hanoi, December 31, 1994

DECREE

ON DETAILED PROVISIONS AND GUIDANCE FOR THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR CODE ON WORK AND REST TIME

THE GOVERNMENT

Pursuant to the Law on Organization of the Government on the 30th of September 1992;
Proceeding from the Labor Code on the 23rd of June 1994;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Chapter I

SUBJECTS AND SCOPE OF APPLICATION

Article 1.- The work and rest time is applicable to laborers in the following types of enterprises, offices and organizations:
– State enterprises;
– Enterprises of the other economic sectors; organizations and individuals employing laborers;
– Enterprises with foreign investment, enterprises in export-processing and industrial zones; foreign offices and organizations or international organizations in Vietnam that employ Vietnamese laborers, unless otherwise stipulated by international conventions that Vietnam has signed or acceded to.
– Public-service, business and servicing units at administrative and public-service offices, people’s organizations and other political and social organizations, and of the People’s Army and People’s Public Security Force;
– This Decree is also applicable to government officials and servants in administrative and public-service offices, elected or appointed officials of the people’s organizations and other political and social organizations, and to those serving in the People’s Army and People’s Public Security Force, unless otherwise provided for by specific laws and regulations.
Article 2.- This Decree shall not apply to those working in specialized enterprises of the People’s Army and People’s Public Security Force, and to the commissioned and non-commissioned officers and soldiers of the People’s Army and People’s Public Security Force.
Chapter II

WORK TIME

Article 3.- The work time stipulated in Article 68 of the Labor Code is provided for as follows:
1. The work time in normal labor conditions and environment is:
– Not more than eight hours per day;
– Not more than 48 hours per week.
2. The work time in especially heavy, hazardous and dangerous jobs is shortened by from one to two hours, in accordance with the list jointly issued by the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Health.
3. The other time to be counted into the paid work time includes:
– The rest time in between a workshift;
– The break time required by the nature of the work;
– The necessary break time allocated in the work process for natural physical demands;
– The 60-minute rest per day for women laborers nursing children under 12 months of age;
– The 30-minute rest per day for women laborers on menstruation;
– The work stoppages not due to the fault of the laborers;
– The time for study and training on labor safety and hygiene;
– The time for meeting and study requested or allowed by the employer.
Article 4.- Proceeding from Article 86 of the Labor Code, the employer has the right to set the work time during the workdays or workweeks and the rest day(s) during the week to suit the production and business of the enterprise, which are not against the provisions of Items 1 and 2 of Article 3 of this Decree, and which must be recorded in the labor contract, the collective bargain and the labor regulation of the enterprise.
Article 5.- The overtime work stipulated in Article 69 of the Labor Code is provided as follows:
1. The overtime work must not exceed 50% of the worktime provided for each kind of work in each day. In the event the overtime work is provided for on the basis of workweeks, the total of the regular worktime and the overtime must not exceed 12 hours a day. The total overtime work must not exceed 200 hours a year.
2. The employer and the laborers may arrange overtime work in the following cases:
– To work on production incidents;
– To solve urgent problems which cannot be delayed;
– To handle in a timely manner fresh materials or construction projects or products which, due to strict technological requirements, cannot be left undone.
3. In the urgency of a serious natural calamity, enemy sabotage, fire or a spreading epidemic, the employer has the right to mobilize overtime work in excess of the stipulations in Item 1 of this Article, given the agreement of the laborers.
Article 6.- The night work stipulated in Article 70 of the Labor Code is provided for as follows:
– From Thua Thien-Hue northward: from 22:00 hours to 6:00 hours of the next day.
– From Quang Nam-Danang southward: from 21:00 hours to 5:00 hours of the next day.
Chapter III

REST TIME

Article 7.- The rest time stipulated in Article 71 of the Labor Code is provided for as follows:
– 30 minutes for 8 hours of continuous work in normal conditions; or for 7 hours or 6 hours of continuous work in condition of shortened worktime.
– 45 minutes for continuous night work from 22:00 hours to 6:00 hours, or from 21:00 hours to 5:00 hours.
Article 8.- In addition to the paid holidays stipulated in Article 73 of the Labor Code, the laborers who are foreigners working in enterprises and organizations of Vietnamese are allowed one day for their traditional new-year holiday and one day for their National Days (if any), all with full payment.
Article 9.-
1. As stipulated by Article 74 of the Labor Code, the following time periods are considered work time of the laborers at an enterprise, or for the employer to calculate the annual leave of the laborers:
– The time for professional training and practice to work for the enterprise as stipulated in the contract for professional training and practice;
– The time for probation as stipulated in the labor contract for work at the enterprise;
– Leave for personal affairs;
– Unpaid leave allowed by the employer;
– Leave due to a labor accident or occupational disease, which shall not exceed 6 months in total.
– Sick leave, which shall not exceed 3 months in total;
– The time to exercise citizen’s duties as required by law;
– The time for meeting and studies as requested or allowed by the employer;
– Work stoppage or suspension not due to the fault of the laborer;
– Non-working time due to a work suspension;
– The time of temporary arrest or detention which is followed by the laborer’s return to work due to his/her innocence or exemption from prosecution.
2. The laborer is entitled to an annual leave of 14 days or 16 days as stipulated in Points (b) and (c), Item 1, of Article 74 of the Labor Code in accordance with the lists of heavy, harzardous and dangerous jobs, and jobs in areas of difficult living conditions issued by the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Health.
3. During the annual leave, if the laborer travels by car, boat or train and if the time he/she spends on the road (return) exceed two days, the third or more days on the road shall then be added into the annual leave.
4. The transport fares and salary for the time the laborer spends on the road shall be agreed upon by the laborer and the employer; for the laborer who works in remote areas (high mountainous, remote and island areas), the employer shall pay him/her transport fares and salary for the days he/she spends on the road during his/her annual leave.
Article 10.- The laborer shall receive his/her salary for the unspent days of his/her annual leave according to Item 3 of Article 76 of the Labor Code in the following cases:
1. A temporary postponement of the implementation of the labor contract to perform his/her military service duty;
2. The labor contract expires; unilateral termination of the labor contract; a loss of employment due to a change in technology; dismissal; retirement; death.
Article 11.- The time for annual leave as stipulated in Item 3 of Article 76, and Item 2 of Article 77 of the Labor Code is calculated as follows:
Divide the total of the statutory days for annual leave and the additional days of leave due to seniority at the enterprise (if any) by 12 months (leaving out the decimal) and multiplying the result with the number of months of actual work to have the number of days of paid annual leave.
Chapter IV

THE WORK AND REST TIME FOR LABORERS IN WORKS OF SPECIAL NATURE

Article 12.- The work and rest time for laborers in jobs stipulated in Article 80 of the Labor Code is provided for as follows:
With regard to jobs of special nature, such as land, rail and water transport; navigating, airhosting and air controlling; offshore oil prospecting; arts; applying radiation and nuclear technologies, high-frequency waves; diving; and underground mining, the ministries in charge shall define the specific work and rest time after consulting the Ministry of Labor, War Invalids and Social Affairs.
Article 13.- It is not allowed to employ women laborers in heavy or dangerous duties or in jobs which require direct contact with harzardous chemicals which may affect their reproduction and child-rearing functions as stipulated in Item 1, Article 113, of the Labor Code. If the women laborers already work on those jobs and their replacements are not yet available, they are entitled to a reduction of at least two hours of work time a day from the required work time while still receiving full pay.
Article 14.- With regard to men laborers over 60 years of age and women laborers over 55 years of age who continue to work, in the last year before their retirement, they are entitled to a reduction of 4 hours a day from the normal work day and still receiving full pay.
Chapter V

IMPLEMENTATION PROVISIONS

Article 15.- This Decree takes effect from the 1st of January 1995. The previous provisions on work time and rest time which are contrary to this Decree are now annulled.
Article 16.- The Ministers, the Heads of the agencies at ministerial level, the Heads of the agencies attached to the Government, and the Presidents of the People’s Committees of the provinces and cities directly under the Central Government are responsible for the implementation of this Decree.
 

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DECREE

STIPULATING DETAILED PROVISIONS AND GUIDANCE FOR THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR CODE ON COLLECTIVE LABOR BARGAIN

THE GOVERNMENT

Pursuant to the Law on Organization of the Government on the 30th of September 1992;
Proceeding from the Labor Code on the 23rd of June 1994;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Chapter I

SUBJECTS AND SCOPE OF REGULATION OF COLLECTIVE LABOR BARGAINS

Article 1.-
1. The subjects and scope of regulation of collective labor bargains stipulated in Articles 2, 3, 4 and 44 of the Labor Code are the following:
– The State-owned enterprises;
– The enterprises of the other economic sectors and the organizations and individuals that employ 10 or more laborers;
– The enterprises having foreign investment; the enterprises belonging to export-processing and industrial zones;
– The foreign or international offices and organizations in Vietnam that employ 10 or more Vietnamese laborers, unless otherwise provided for by international conventions that the Socialist Republic of Vietnam has signed or acceded to.
The independently-financed services of the administrative and public service units are allowed to apply a number of points stipulated in Article 2 of this Decree to negotiate and sign collective labor bargains.
2. The subjects and scope not applicable to collective labor bargain include:
– Public employees and officials working at administrative and public services of the State;
– Employees in people’s organizations and social and political organizations;
– Employees in specialized enterprises of the People’s Army and People’s Security Forces; officers, non-commissioned officers and soldiers of the People’s Army and People’s Security Forces.
Chapter II

CONTENT OF THE COLLECTIVE ABOR BARGAIN

Article 2.-
1. The main content of the collective labor bargain stipulated in Item 2, Article 46 of the Labor Code includes:
a) Job and job security: the measures for job security; the type of labor contracts for each category of labor or jobs; the circumstances for termination of labor contracts; the allowances for job resignation, severance and suspension; the upgrading of professional skills, the retraining in case of technological changes or production reorganization; the principles and time for temporary assignment of laborers to other jobs.
b) The work and rest time: the provisions on the length of work time during a day and a week; the arrangement of work shifts; the break time suitable for each category of profession and work; the weekly day-off and holiday; the annual leave, including the traveling time; the leave on personal affairs; the principles on and cases of requested overtime work.
c) The salary, salary-indexing allowances and bonuses: the base or average salary (monthly or daily or hourly); the salary scale at the enterprise; the measures to ensure real income and the indexing measures for salaries in face of fluctuating market prices; the principles of salary payment (by time, products or piece-work); the principles for designing and adjusting salaries; the principles and conditions for salary raises; the types of salary-indexing allowances; the time for monthly salary payment; the payment of annual leave and related expenses; the salary for overtime work; the bonuses (irregular, monthly, year-end, high-quality reward, profit reward) and their principles (a specific regulation may be attached).
d) Labor quotas: the principles and methods for designing the quotas, their trial application, formalization and adjustment; the types of quotas for different types of labor; the average and advanced quotas applied in the enterprises; the measures to apply to cases of non-fulfillment of the quotas; the principles for piece-work on labor and materials (if any).
e) Labor safety and hygiene: the measures to ensure labor safety and hygiene; the standards for and the supply of labor-safety instruments; the regimes of in-kind compensation; the measures to improve working conditions; the compensation for labor accidents and occupational diseases (a specific regulation may be attached).
f) Social securities: the provisions on the responsibility and interests of the employer and the laborers in contributing, collecting and paying social insurances.
2. Apart from the said contents, the concerned parties may bargain on other contents, such as the modalities for settlement of labor disputes; mid-shift meals; collective welfare; allowances for funerals and marriages, etc.
Chapter III

THE MODALITIES FOR NEGOTIATING, SIGNING AND REGISTERING COLLECTIVE LABOR BARGAINS

Article 3.- The negotiations and signing of collective labor bargains in accordance with Article 45 and Item 1, Article 46, of the Labor Code are conducted according to the following modalities:
1. The party which proposes to negotiate and sign a collective labor bargain shall inform in writing the other party of the content of the proposed bargain.
The content of the collective labor party shall be proposed by the Executive Committee of the local trade union organization, or by the provisional trade union organization.
2. The party to which the proposal is addressed shall accept negotiating and shall take the initiative to meet with the proposing party to agree on the time and location of the negotiation and the number of delegates to it.
3. The employer is responsible for arranging for the two parties to meet and negotiate.
The result of the negotiation shall serve as the basis for designing the collective labor bargain at the enterprise or unit.
4. The local or provisional trade union organization shall organize polls for collective opinions on the content of the proposed collective labor bargain.
If more than 50% of the laborers in the collective agree with the proposed bargain, then the two parties shall sign it.
5. The collective labor bargain must be prepared in set forms.
Article 4.- The polling of collective opinions on the content of the collective labor bargain shall be conducted through a collection of signatures or a show of hands.
The result of the poll must be recorded in a minute which shall specify the total number of polled people, the yes votes, the no votes, the provisions which are not agreed upon and the percentage of the no votes. The minute must bear the signature of the representative of the Executive Committee of the local trade union organization.
In registering the collective labor bargain with the labor office, this minute must be attached.
Article 5.- The registering of the collective labor bargain in accordance with Article 47 and Item 3, Article 48, of the Labor Code, is provided for as follows:
1. Within 10 days from the date of the signing of the collective labor bargain, the employer shall send the collective labor bargain to the Labor, War Invalids and Social Affairs Service of the province or city directly under the Central Government, where his/her enterprise or organization is located, for registration.
2. The enterprise which belongs to the export-processing or industrial zone shall send this collective labor bargain to the Managing Board of the zone for registration at the Labor, War Invalids and Social Affairs Service of the province or city directly under the Central Government, where the Managing Board is headquartered.
3. Within 15 days from the receipt of the collective labor bargain, the Labor, War Invalids and Social Affairs Service of the province or city directly under the Central Government shall consider and inform in writing both concerned parties of the registration. If the collective labor bargain contains provisions which are contrary to law, the Service shall point them out clearly and guide both parties to make changes to it for registration.
Article 6.- In the event of a merger of enterprises as stipulated in Item 1, Article 52, of the Labor Code, the signed collective labor bargain shall be settled as follows:
1. If the merger does not lead the member enterprises to changes in their functions, jurisdiction and organizations, the signed collective labor bargains, which have not expired, shall continue to apply till expiration or a new collective labor bargain is signed.
2. If the merger leads the member enterprises to a change in their functions, jurisdiction and organizations, the signed collective labor bargains shall cease to apply, and the concerned parties shall start negotiating for a new collective labor bargain within six months from the merger.
Chapter IV

IMPLEMENTATION PROVISIONS

Article 7.- This Decree takes effect from the 1st of January, 1995, and replaces all previous regulations on collective labor bargain.
The collective labor bargains which have been signed and are already in effect but which contain provisions which are contrary to the Labor Code and this Decree shall be amended within six months from the effective date of this Decree. The provisions which have to be amended or supplemented must be agreed upon, signed and registered again in accordance with the modalities defined by the Labor Code and this Decree.
Article 8.- The Ministry of Labor, War Invalids and Social Affairs, in coordination with the Vietnam General Confederation of Labor, shall organize pilot cases of signing collective labor bargain within its own office and submit to the Government for approval.
Article 9.- The Ministers, the Heads of the agencies at ministerial level, the Heads of the agencies attached to the Government, and the Presidents of the People’s Committees of the provinces and cities directly under the Central Government, are responsible for the implementation of this Decree.
 

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